\^(rn  *   .  LJOm    ram     l^mu    rr,-. 


[House  of  Representatives,  No.  16.] 


HOUSE,   Sptember,   1862.     Read  first  and  second   times,  placed 
on  Calendar  and  orderrd  to  be  printed. 


[By  Mr.  Russell,  from  Judiciary  Committee.] 


J^  BILL 

To  be  entitled  An  Act  to  repress  atrocities  of  the  enemy. 

1  Whereas.  The   Northern  States,  now  represented  by 

2  the  Federal  rxovernmeiit  of  the  late  Union,  commenced 
o  the  present  war  of  invasion  to  enforce  an  unfounded  and 
4  tyranical  claim  of  dominion  over  States  which  had  with- 
[)  drawn  from  the  Unio  i  ;  and,  pretending  that  these  States 

6  are  in  rebellion,  have  denied  to  them,  from  the  beginning 

7  of  the  war,  the  rights  accorded  to  belligerents  by  the  usages 

8  of  nations  :  and,  after  prosecuting  this  war  without  success 

9  more  than  a  year  since  this  Grovernraent  was  recognized  by 


10  European  nations  as  a  belligerent  Power,  have  continued. 

11  under  the  same  pretext,  to  inliict  upon   the  good  people 

12  of  these  States  inhuman   mjuries.  in  contemptuous   dis- 

13  regard  of  the  usages  of  civilized  warfare,  exacting  from 

14  them   treasonable  oaths  and   service,  and,  upon    refusal, 

15  subjecting  unarmed  citizens,  women  and  children  to  eon- 

16  fiscation,  banishment,  imprisonment  and  death  ;  wantonly 

17  burning  their  dwelling-houses,  ravaging  the  land,  mur- 

18  dering  men    for  pretended  or  trivial   offences  ;   making 

19  rapine  of  private  property  a  systematic  object  of  the  war  ; 

20  organizing  the  abduction  of  slaves  by  armies  and  agents 

21  of  Grovernment ;  endeavoring  to  foment  servile  insurrec- 

22  tion   by  tampering  with  slaves,  by  proclaiming  schemes 

23  for  emancipating  them,  by  passing  laws  to  equalize  the 

24  races,  by  protecting  slaves  in  resisting  their  masters  and 

25  by  preparing  armed  bands  of  negroes    to  fight  in    the 

26  presence  of  negro  slaves  for  the  subjugation  of  the  white 

27  race  ;  permitting  outrages  on  women  to  be  committed  by 

28  a  licentious  soldiery,  encouraged  in  a  memorable  instance 

29  by  the  order  of  a  Major  General  and  the  acquiescence  of 

30  his  Government ;  attempting,  until  restrained  by  a  threat 

31  of  retaliation,  to  murder  privateersmen  for  engaging  in  a 


32  mode  of  warfare   expressly  sanctioned  by  the  Constitu- 

33  tions  of  the  United   States  and    the  Confederate    States 

34  and  by  the  laws  of  nations  ;  refusing,  with  double  inhu- 

35  inanity,  to   exchange  prisoners  until  constrained  by  the 

36  long  duration  and  adverse  fortune  of  the  war  ;  attempt- 

37  ing  to  ruin  our  cities  by  filling  up  the  entrances  of  their 

38  harbors  with  stone  and  diverting  the  ancient  channels  of 

39  great    rivers  ;    cutting   oft"  our    supplies    of    medicines, 

40  needed  as  well  for  suffering  women,  children  rnd  captive 

41  enemies  as  lor  the  sick  of  our  armies  ;  and  perpetrating 

42  other  atrocities  which  would  be  disgraceful  to  savages. 

43  And  whereas,  the  said   Federal   Government,  in  the 

44  same  spirit  of  barbarous  ferocity,  l.ias  recently  enacted  a 

45  law  entitled  *'  An  act  to  suppress  insurrection,  to  punish 

46  treason  and  rebellion,  to  seize  and  confiscate  the  property 

47  of  rebels,  and  for  other  purposes,''  and  has  thereby  made 

48  manifest  that  the  vast  war  of  invasion  which   it  wages 

49  with  such  lawless  cruelty  is  waged  with  a  view,  by  judi- 

50  cial  murders,  banishments  and  otherwise,  to  exterminate 

51  the  loyal  population  of  these  States,  to  transfer  their 

52  property  to  their  enemies  and  to  emancipate  their  slaves, 

53  employing  slaves  and  other  negroes  for   these  purposes 


4 

54  witli  an  atrocious  design  of  adding  servile  insurrection 
65  and  the  massacre  of  families  to  the  calamities  of  wai 
36  And  whereas,  since  the  passage  of  said  act,  executive 
57  and  nnlitary  orders  have  evinced  a  determined  purpose 
B8     of  the  enemy  to  carry  out  the  policy  of  n.pine  and  ex- 

59  tei-mination  with  brutal  and  surprisnig  severity. 

60  And  whereas,  manifestly  with  the  knowJCMlge  and  (.mi- 

61  nivance  of  said  Federal  Government  and  for  the  purpos 

62  of  destroying  the  credit  and  circulation  of   the  Treas 

63  notes  of  this  Government,  immense  amounts  of  si)uri()us 

64  or    counterfeit   notes,    purporting  to   be    such  Treasury 

65  notes,  have  been  fabricated  and  advertised  for  sale  in  the 

66  enemy  s  country  and  have  been  brought  into  these  States 

67  and  put  in  circulation  by  persons  in   the  service  of   tlu^ 
^S     enemy. 

69  And  whereas,  this  Government  has  hitherto  observed, 

70  and  yet  desires   to  observe,  with  scrupulous  fidelity,  all 

71  the  obligations  of  a  belligerant  Power,  accordmg  to  inter- 

72  national  laws  and  usages,  although  fairly  absolved  from 

73  such  obligation  towards  the  enemy  by  the  refusal  of  the 

74  enemy  to  acknowledge  or  perform  any  reciprocal  obliga- 

75  tion  unless  constrained  by  necessity. 


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76  And  whereas,  justice  and  humanity  require  this  Gov- 

77  ernment  to  endeavor  to  repress  the  lawless  and  atrocious 

78  practices  of  tlie  enemy  by  inAicting  severe  retribution  for 
70  inhuman  crimes. 

80  A\)d  whereas,  it  is  d'.^emed  proper  to  declare  the  views 

81  ot  this  (Tovernment    i*especting  certain  practices  of  the 

82  enemy  ;  therefore    • 

1  Section  1.    The  (^()/iij^?\'ss  of  the  Confederate  States  of 

2  America  do  enact.  That  tlie  ibllowing  acts,  when  conimit- 

0  ted  by  the  enemy,  or  any  ])ers()n   in   the  service  of  the 

1  enemy,  during  the   war,    shall    be   deemed  unlawful,  to- 

6  wit :  . 

G  1.  The  ariest,  detention   or   other   molestation  of  any 

7  loyal  inhabitant  of  the  Confederate  States  for  refusing  to 

8  aid  the  enemy  or   to   take   an  oath  of  allegiance  to  said 

9  Federal   government,    or   any  government,  or  pretended 

10  government  adhering  thereto,  or  for  any  cause  or  alleged 

11  cause  implying  that  said  Federal  government  is  entitled 

12  to  exercise  political  jurisdiction  over  the  people  of  these 

13  States,  or  for  any  other  cause  not  sufficient  according  to 

14  the  laws   and  usages  of  war,  between  independent  na- 

15  tions. 


6 

16  11.  Attempting  to   enforce  the  above    recited  act  of 

17  said  Federal  Congress. 

18  HI.  Circulating    or     bringing    into    the    Confederate 

19  States  counterfeit  notes,  purporting  to  be  Ireasurv  notes 

20  of  this  government. 

21  lY.  Taking,    removing,    consuming  or  destroying  pri- 

22  vate  property    on   land    not  warranted  l>y  said  laws  and 
2o  usages  of  war. 

24  Y.  Employing  negroes  or  mulattoes  in    military  sei'- 

25  vice    against    the    Confederate    States,     or    organizing, 

26  arming  or  training  them  for  that  purpose. 

27  Yl.  Inciting  slaves  to  rebel  ;  abducting  them  ;  aiding 

28  or    inducing   them    to    abscond  ;  harboring   them    with 

29  intent  to  deprive  the  owners  of  their  property    therein, 

30  or  to  give  effect  to  any  provision  of  said  act  of  the  Fed- 

31  eral  Congress. 

32  YII.  Obstructing  the  importation  of  medicines. 

33  YIII.  All  other  acts  which  are  forbidden  or  condemned 

34  by  said  laws  and  usages  of  war. 

1  Sec.  2.  For  any  of  the    acts  hereinbefore  declared  to 

2  be  unlawful  the    President  shall  have  authority  to  inflict 

3  retaliation  or  retributive  injuries  upon  the  enemy  at  his 


4  discretion,  either  bv  iin])risoi}ing  or  putting  to  death  cap- 

5  lives  taken  in  war,  or  adult  male  inhabitants  of  the  ene- 
G  mj's  country,  or  by   seizing  or  destroying  public  or  pri- 

7  vate  property   in   the   enemy's   country,  or  in  any  other 

8  manner  which  he  may  deem  proper. 

1  Sec.  3.  Until  the  said  act  of  the  Federal  Congress  au- 

2  thorizing  the  universal  confiscation  of  property  and  libe- 

3  ration  of  slaves   of   the  loyal  people  throughout  these 

4  States  be  repealed,  and  the  enemy  shall  consent  to  con- 

5  duct  hostilities  according  to  said  laws  and  usages  of  war, 

6  it  shall  be  lawful  for  the  forces  of  the  Confederate  States, 

7  unless  forbidden  by  the  President,  to  destroy  any  city  or 

8  town  of  the   non-slaveholding  States  of  the  late  Union. 

9  giving  proper  notice  and  time  for  the  inhabitants  to  with- 

1 0  draw. 

t 

1  Sec.  4.  All  slaves  taken   in  arms  against  the  Confede- 

2  rate  States  shall  be    delivered   to  the  authorities  of  tho 

3  State  or  States  in  which  they   shall   be   so   taken,  to  be 

4  punished,  or  otherwise   dealt   Avith  according  to  the  laws 

5  of  such  State  or  Staces. 

1  Sec.  5.  Every  white  person  who  shall  act  as  a  commis- 

2  sioned  or  non-commissioned  officer,  commaiuling  negroes 


8 

0  or  mulattoes  in  iinns  against    the  Coiiiodercite  States,  or 

4  who   shall   arm,   train,    oro;anizo.    or  prepare  negroes  or 

5  mukittoes  for  militar}'    service  against  tlie  Confe<lerate 
G  States,  or  who  shall  voluntarily  aid  negroes  or  mulattoes 

7  in   any    military   enterprise,    attack   or  conflict,  in   such 

8  service,  shall,  if  captured,  be  put  to  death  by  hangnig. 

1  Sec.  6.  Every  person  in  the  service  of  the  enemy,  or 

2  adhering  to  the  enemy  in  the  present  war,   who  shall 

3  incite  a  slave  to  rebel,   or  abduct  a  slave,   or  harbor  a 

4  slave  in  the  mannei'  before  declared  lud awful,  or  assist 

5  or  entice  a  slave  to  abscond  from  the  service,  possession 

6  or  control  of  his  or  her  owner  or  master,   shall,  if  cap- 

7  tured,  be  put  to  death  by  hanging. 

1  Sec.  7.    All   free   negroes   and   mulattoes   engaged   in 

2  military  service  against  the  Confederate  States  or  enlisted 

3  or  organized  for  such  service,  shall,  if  captured,  be  slaves 

4  for  life,  and  shall  be  sold  according  to  such  regulations  as 

5  the  President  shall  prescribe. 

1  Sec.  8.  Every  person  who  shall   do  any  act  in  execu- 

2  tion  or  enforcement  of  the  said   act  of  the  Federal  Con- 

3  gress  shall  be  put  to  death  by  hanging. 

J  Sec.  1>,    FiVery  commissioned  officer  of  the  enemy  who 


1) 

2  shall  arrest,  detain  or  molest  a  loyal  inhabitant  of  any  of 

5  the  Confederate  States  in  the  manner  hereinbefore    de- 

4  clared  to  be  unlawful,  or  who  shall  cause  the  same  to  be 

5  done,  or  shall  permit  the  same  to  be  done  by  any  person 

6  under  his  authority,  shall,  if  captui'cd,   be   put  to  death 

7  by  hanging. 

1  Sec.  10.    Every  commissioned  officer  of   the   enemy 

2  who  shall  take,  remove,  consume  or  destroy  private  pro- 

3  perty  on  land  in  the  manner  hereinbefore  declared  to  be 

4  unlawful,  or  shall  cause  the  same  to  be  done,  or  shall 

5  permit  the  same  to  be  done  by  any  person   under  his 

6  authority,  shall,  if  captured,  be  put  to  death  by  hanging, 

7  or  suffer  siich  other  punishment  as  a  court  martial  shall 

8  award. 

1  Sec.  11.  Every  person  in  the  service  of  or  adhering  to 

2  the  enemy  who  shall  pass  or  offer  to  pass  any  such  spu- 
o  rious  or  counterfeit  note  or  notes  as  aforesaid,    or  shall 

4  sell  or  attempt  to  sell  the  same,  or  shall  bring  any  such 

5  note  or  notes  into  the  Confederate  States,  or  shall  have 

6  any  such  note  or  notes  in  his  possession  with  intent  to 

7  pass  or  sell  the  samC;  shall,  if  captured,  be  put  to  death 

8  by  hanging  ;  and  every  commissioned  officer  of  the  enemy 


10 

9  who  shall  pei'init   any  oft'enee  mentioned  in  this  section 

10  to  be  committed  by  any  person  under  his  authority,  shall 

11  be  put  to  death  by  hanging. 

1  Sec.  12.  Every  person  charged  with  an  oflence  pun- 

2  ishable  under  this  act  shall  be  tried  by  a  court  martial  in 
8  such  manner  and  under  such  regulations  as  the  President 
4.  shall  prescribe  :  and,  after  conviction,  the  President  may 
i)  conmiute  the  piuiishment  to  imprisonment  in  such  man- 
Ci  ner  and   for  such  time  as  he  may  deem  proper,  and  may 

•  7  pardon  the  offender  on  such  conditions  as  he  may  deem 

8  proper  or  \m conditional. 


Hollinger  Corp. 
pH8.5 


